What is Mediation and 10 reasons why you should consider it.

PHH Director and Mediator, Peter Jensen explains what Mediation is, the benefits to choosing Mediation and when to use it.

Mediation comes under the heading of Alternative Dispute Resolution (ADR). This is an alternative to going to court. Nowadays, Mediation is consider as part of the court process and the parties are encouraged to resolve the matter before starting proceedings and even during proceedings.

Why should you consider Mediation?

There are several advantages to mediation:

1. The cost:

Although there is a charge for mediation, it is a fraction of the cost of taking the matter to court. A Mediator’s fees are normally agreed together.

2. Flexibility:

The parties (with the mediator’s assistance) are in charge of the process, unlike a court situation where the process is governed by the court’s rules and ultimately controlled by the judge.

3. Creative solutions:

If a matter goes to court, there is a winner and a loser. In mediation, because the parties are being helped to find their own solutions, the chances of creative solutions being found, with mutual advantage to both parties, increase.

4. Speed:

Mediation is much quicker at ending the dispute.

5. Maintaining a relationship after the problems have been resolved:

Many people who have disputes need to be able to maintain a professional and commercial relationship with the other party after the dispute has been settled. If both parties are working to find the solution to the problem, mutual benefits can be enjoyed and there is a greater chance of ongoing relationships.

6. Confidentiality/privacy:

Court proceedings are often in public. Mediation is private and entirely confidential.

7. Impartiality:

The mediator has to be independent and impartial. Both parties must agree to mediate and be happy with the appointed mediator.

8. High success rate:

Mediation cases settle on the day or very soon afterwards. In the final session, both parties come together and the agreement is drawn up; at that point, it becomes a legally binding agreement.

9 . Mediation is a less rigid process than court:

 Usually, in mediation, there will be an opening session where the mediator will explain the process and each party will give a brief opening statement about their position in relation to the dispute.

The parties will go to their separate rooms and the mediator will visit each party individually in a series of meetings. It is essential to understand that what you tell the mediator is private and confidential and cannot be disclosed to the other party without your consent. The mediator tries to get a background about the parties and the dispute, to identify the parties’ interests in relation to the dispute and what they want to achieve, and to help the parties find a solution. The mediator will then assist in any negotiation to resolve the problem.

10. Mediation is suitable for most kinds of disputes:

Mediation is not just for couples wanting to separate. Parties can be represented in a mediation, but then again, parties can come along unrepresented.

Areas where you may consider Mediation:

  • Neighbour disputes.
  • Employment situations where there is a conflict between employees and employers, employee and employee, or disputes between management or owner of the business.
  • Consumer disputes
  • Contractual disputes
  • Landlord and tenant disputes
  • The list isn’t exhaustive and mediation can be applied to any dispute.

If you want any more information in relation to mediation services provided by PHH solicitors please contact Peter Jensen at our Fleetwood Office on 01253 778231 or by email.